Frequently Asked Questions


What is my case worth?

At The Brod Injury Law Firm we like to think we have an unrivaled work ethic, working no less than 6 days a week and being on call 24/hrs every day, day in and out. We understand that a prompt and thorough investigation can make the difference between winning and losing. We work with the finest investigators to obtain the necessary information to tell us what happened and why. Since we know that obtaining compensation for your pain and suffering is as much an art form as a science Reading, Pennsylvania and Philadelphia personal injury lawyer, Gary Brod, and his entire team approach each case individually. Since monetary compensation is the way justice is served for injury victims in Pennsylvania, many of our injured clients wonder what determines how much their case is worth.

Many Variables Determine The Value of Your Personal Injury Claim

There are many variables in determining the value of your personal injury case, far more than can be explained in the space allotted here. First, your claim is simply worth the amount we demand from the insurance company, or the amount of cash award reached through court verdict or judgment. Because no two people or cases are the same it is important that our clients are fully informed so as to avoid unrealistic expectations generated from TV advertising or a well meaning friend or family member. The Brod Law Firm's experience and research has shown that there are at least 25 variables of varying weight and significance, many of them subjective which affect the outcome of any one case. Once liability is established in your favor against whoever is responsible for your injuries, some of the objective factors involved are the force of impact in a car crash, or the clarity of the medical evidence which establishes that the injuries were actually caused by the negligent act(s). While there is no "magic" formula, and the outcome of a case depends upon the amount and weight of what the evidence would be in a Pennsylvania court, Attorney Gary Brod will personally review your case with you to determine the importance of these factors. When necessary attorney Gary Brod will proceed to trial or mediation and often the compensation won for our clients in Pennsylvania is significantly more than what was offered by the insurance company.

Only An Experienced Personal Injury Lawyer Can Assess The Damages Value of Your Injury Case

For a full case assessment, you will need to meet or speak to attorney Gary Brod. He will thoroughly explain to you each step necessary towards moving your case toward a successful result. At that time, he will consider many factors to determine the best strategy in pursuing your case in Pennsylvania. First, Gary Brod will discuss an assessment of each party's liability. If the other party has already assumed liability, then the value of your case is usually based upon the type and severity of your injuries, permanency of the injuries, medical bills – past and future – length and nature of any disability. At our offices in the Philadelphia, Pennsylvania area, Montgomery County, Reading, and Berks County our medical malpractice attorneys or one of our expert personal injury attorneys will also attempt to determine the amount of lost earnings and you and your witnesses' credibility. What you may have never heard before today is that what you may be offered for a settlement may even depend upon what insurance company is involved, and we know insurance companies! Since cases are often unpredictable it is difficult to come up with an exact number for your case, but based upon attorney Gary Brod's experience in handling thousands of cases we can come up with a range of value for you once we have enough information. Many folks do not want the stress, uncertainty and time required to proceed to trial and attorney Gary Brod is a skilled and experienced negotiator who always respects his clients wishes when it comes to the outcome of their case.

What should I do if I am injured in an auto accident?

Since he is an experienced Pennsylvania auto accident lawyer, Attorney Gary Brod is often asked if there are immediate steps to be taken after an auto accident. We advise our clients to do the following:

If you are injured in an auto accident, seek treatment immediately because your health and well being are the most important considerations. You should also immediately report the matter to the police, if at all possible. Then report the accident very briefly to your own insurance company making sure to advise of any injuries you notice now. We remind you that, at this time, you are hurt and shaken up and never give a recorded statement to any insurance company. Under no circumstances should you allow yourself to be recorded by anyone during this vulnerable time. Afterwards, contact our offices in Pennsylvania for an auto accident lawyer that can help you protect your rights. Finally, if injured never sign anything which relinquishes all your rights for a sum of money without at least consulting a lawyer. We will advise you free of charge so that you may fully understand your legal rights in this critical situation and make an informed decision.

Why do I have to use my insurance company if I did nothing wrong to cause this accident? Do I have a choice?

The long and short answer is you must use auto insurance if you have it because it is mandatory law in Pennsylvania. Auto accident lawyer, Gary Brod, reminds you that no matter who is at fault, you must go through your own company to pay your medical expenses up to the limit of your policy.You pay your insurance premium to cover you in this situation and that is what it is there for you when you need it. If you do not own a car and have no auto insurance you would be covered by the car you are riding in at the time of the accident. This is classic "no fault" insurance the legislature designated to pay. Often, clients ask us if insurance rates go up when the client is not responsible for an accident. While each case is different, generally your rates will not go up solely because you use your insurance for this purpose. If you have questions regarding liability and insurance costs, please ask a Pennsylvania auto accident lawyer from The Brod Law Firm to address your specific case individually.

How do you know when is the right time to begin asking for monetary compensation for my pain and suffering claim?

At The Brod Law Firm, we know that timing is everything. That is why we immediately do as much as we can to gather information and develop your case from our offices in Pennsylvania. Once Gary Brod has reviewed your case and knows something about the facts and the injuries involved, we will begin to advocate and communicate with the insurance company to give them an idea of what we know and anticipate. Your personal injury lawyers will take your case very seriously and we will use whatever ammunition we have gathered to impress upon the insurance company that it must also take your case seriously. We never rest. This advocacy process is continuous until the point of resolution. Once injuries are known and our client has reached maximum medical improvement, we will then start to tell the insurance company what we think the case is worth and do whatever is necessary to achieve a maximum award or personal injury settlement in the quickest amount of time possible for our clients in Pennsylvania. Philadelphia auto accident lawyer, Gary Brod, knows that his clients are eager to resolve these issues and move forward. That's why at The Brod Law Firm we work quickly and efficiently to get you the compensation you deserve.

Is it best that I get a Local Lawyer to Represent Me?

Generally speaking, Yes, "local" being a relative term. Of course, one advantage to having a local attorney is that it is more convenient to meet with and/or talk to that attorney when needed. I would advise an injured victim to choose a reputable personal injury attorney who works near you and/or where the case will be potentially heard by the court if the insurance company does not make an acceptable offer. If you live in Philadelphia and the case will be heard in Philadelphia, then you should hire a Philadelphia personal injury attorney. If you live in Reading and the case will potentially be heard in Reading, Berks County then you should hire a Reading personal injury attorney and likewise, the same would apply in Montgomery County. Keep in mind that If a case cannot be settled then the next step in the process is to file a lawsuit. It is necessary that your lawyer be familiar with the operation of the courts and its personnel in that locality. I have offices in three counties, Philadelphia, Berks and Montgomery and routinely handle cases from Central Pennsylvania to Southeastern Pennsylvania. I am very familiar with all those courts. I am based in three counties and have also practiced in all the courts in the surrounding counties near my offices. For example, I have litigated cases In Chester County, Delaware County, Bucks County, Lehigh County, Lancaster County and Philadelphia, not to mention many other counties in the state and therefore would be a good choice of a personal injury attorney for you no matter what the jurisdiction. It is a myth, unsupported by any facts that an out of town lawyer will come in riding on his/her white horse and be able save the day for you without having experience handling cases in that county.  All things being equal, that person will likely be at a competitive disadvantage. See how our clients choose.

Why get a lawyer if the insurance adjustor keeps calling me to settle my claim?

Any experienced Pennsylvania auto accident lawyer will tell you the same thing:
First, think about who is paying the insurance adjustor. The insurance company is. Let's face it, like any business, an insurance company's success depends on how much money it can make and keep so the insurance adjustor's job is to pay you as little as he or she can get away with. The adjustor justifies these actions by promoting a stereotype that clients who file claims are attempting to steal from the insurance company. In short, the adjustor is not your friend. The insurance company well knows the difference between negotiating with an un-represented private citizen and with an experienced personal injury attorney. Pennsylvania clients should keep in mind that with the leverage and skill of an experienced auto accident lawyer in your corner, you are likely to receive much more compensation. Having representation is important, but having the respected, experienced representation of The Brod Law Firm's personal injury attorneys will give you the best advantage of getting the results that you hope for.

Is There Really Such Thing As A Discount Personal Injury Lawyer?

Not likely from a consumer advocacy standpoint. Like Medicine the Law is a profession which means the highest standards of conduct are required in providing services to the public. It unfortunately seems that in recent times we have seen a little bit of blurring of the lines from law as a profession. Keep in mind the client is requiring much more from the lawyer than someone buying a widget in a store. It is a professional relationship that is the objective. We are what our clients need us to be. This office, not the client carries all costs from start to finish. Importantly we are strong advocates as well as counselors.. and many times friends. The truth of the matter is that there really is very little variation in lawyer fees in Contingent Fee Personal Injury Cases. That is part of the reason 99.99% of lawyers do not advertise services based upon a discount. The rare lawyer may advertise a reduced contingent fee as an inducement to attract clients but when you read the fine print in the agreement over carefully most of the time it reveals very little difference between one lawyer or another. As has been mentioned in this website when discussing the qualities we look for in hiring a personal injury lawyer, offering discounts is not the way to be going about it and that is why you do not see many lawyers advertising as such. By seeming to offer a so called discount fee one devalues and demeans the professional services offered when it is the very quality of the representation and the reputation of the law firm handling your case that is the critical issue. This calls into question why would any lawyer even advertise to be a discount lawyer as a justification for being hired? We suppose it is because they are either inexperienced, lack confidence in their ability to obtain desired results or newly entering this area of the law and trying to quickly create a practice. Think about it. Why should it be any different than when you choose the best physician or surgeon for your care based upon their reputation and skill in their field? Consider the absurdity of a doctor advertising his services to increase his patient load based upon promoting a discount fee. Would that cause you to want that person to be operating on you or taking care of your health problem? Probably not. That would seem crass and commercial from a consumer's standpoint as you choose a physician based upon your confidence in their ability. Similarly, in the law, experience and reputation are the attributes that translate into results for our clients, not to mention The Brod Law Firm and Personal Injury Lawyer Gary Brod have the highest ratings possible from clients, lawyers and the most reputable impartial lawyer consumer ratings organizations in the areas of communication, value for the money, responsiveness and quality of service. Our fees are reasonable and when all is said and done to say the least our clients are certainly not complaining about their results when their cases are resolved because the amount of money you receive at settlement by hiring a very skilled lawyer will more than make up for any alleged or illusory discount.

Why should I select the "full tort" option on my auto insurance?

Attorney Gary Brod advises clients to select the "full tort" option when selecting insurance for several reasons. First, accident victims who select full tort have a right to seek money damages for pain and suffering without having to demonstrate that they sustained a serious injury. Accident victims who select limited tort must have sustained a "serious injury", which is defined as death, serious impairment of body function, or permanent serious disfigurement in order to make a recovery for pain and suffering. Many injuries that one would think deserve compensation will not qualify under the limited tort option, however there are exceptions and if you speak to me I can provide immediate help on this issue. Remember it will not cost you anything to call me, Gary for legal advice on this issue at 1-888-435-7946 (888-HELPWIN) If you ever have any question regarding the difference between "full tort" and "limited tort" insurance, an experienced Pennsylvania auto accident lawyer at The Brod Law Firm is always here to help.

Will I have To Go To Court To Obtain Money For My Pain and Suffering

It depends on the circumstances of your particular case. At a certain point after all the evidence to support your case has been provided to the insurance company including witness statements and when your medical condition has been fully established by the medical evidence our office will submit a demand to the insurance company. The insurance company will need a reasonable time to evaluate your claim as determined by this office on a case by case basis, meaning that more complex cases require more time to evaluate. If it appears that enough time has elapsed for the insurance company to make an appropriate settlement offer and fails to do so we do not delay in preparing the legal paperwork necessary to begin the lawsuit. The lawsuit is a necessary step in achieving success if the insurance company does not make an acceptable offer.

Why do I have to "file suit" and what does that mean?

Filing suit is the actual act of filing the legal papers at the courthouse. This is done in a Pennsylvania Court where the injury occurred or where suit can legally be filed only with the client's permission after all efforts have been made to negotiate a settlement with the insurance company. Some insurance companies have become more resistant to settling these cases and it will be necessary to file suit without delay. This has little to do with the skill or reputation of the attorney handling the case and more to do with the insurance company's resistance to pay monetary damages based on company policy. Rest assured, at The Brod Law Firm your medical malpractice and personal injury attorneys will always keep you educated about your options throughout the process. Also, although this firm tries a fair share of cases, we still resolve a large percentage of our client's cases pursuant to their wishes for a variety of reasons.

Why Does the Brod Law Firm So Frequently Win Favorable Settlements?

Because we know our cases so well we can deal from strength, not weakness. In fact, the so called" secret formula" which is not such a secret to the best lawyers, is that Top Philadelphia Personal Injury Lawyer Gary Brod begins meticulous and painstaking preparation of his cases for trial from the first day he meets his clients. Leaving no stone unturned, he works from the assumption the case can go to trial, hires the most qualified experts, does the proper investigation, researches every point of law about the case and takes depositions of all persons with information when needed. The defendant and the defendant's insurance company know of our years of experience and successful track record and sooner or later understand how well prepared we are. That is the reason that 90 percent of cases are satisfactorily settled before trial. This approach has rewarded our seriously injured clients with major settlements and awards.

What is mediation and ADR?

Some of our major cases reach settlement conferences known as mediations - either because the parties agree, or a court orders it. No matter how the mediation is arranged, our personal injury lawyers bring the same power advocacy and experience to that forum as we do in the courtroom and we find that by having our adversaries face to face before a third party with the facts and law on our side they become accountable without the necessity of protracted and costly litigation resulting in cost savings for our client and an optimum monetary recovery. Most cases settle and in a good number of cases that happens before the actual mediation. We believe they settle better if they are ready for trial and the cases mediated by our Philadelphia, Pennsylvania medical malpractice and personal injury attorneys are always trial-ready.

When should I suspect that medical malpractice may have occurred?

Our expert team of Philadelphia, Pennsylvania area medical malpractice attorneys notice common trends in successful medical malpractice cases. Probably, the most likely indicator that medical malpractice may have occurred is the dramatically different or unexpected result of treatment or surgery. An example would be a serious brain injury after relatively minor surgery.

Another telltale sign is the failure of a provider to give a good explanation for a worsened condition or the sudden death of a patient.

Also, you may hear a nurse or other personnel criticize the way a procedure was performed in a way that would never be heard in court.

Call one of our Philadelphia, Pennsylvania area medical malpractice attorneys today if you feel you may have been a victim of malpractice.

Why is a doctor not automatically responsible for my damages when a surgery or medical procedure does not go well?

In order to prevail in a medical malpractice action in Philadelphia, Pennsylvania court, our medical malpractice attorneys must prove that the doctor or health care provider was negligent. A bad outcome in a surgical procedure does not necessarily mean that the doctor was negligent. In order to prove negligence, it must be proven that the outcome was not a reasonably foreseeable complication of the surgery or procedure and that the doctor deviated from the standard of care in his or her specialty.

Does The Brod Law Firm represent doctors and hospitals?

The Brod Law Firm works for the people, not for corporations, and our clients are families-working men and women who have been wronged by others. Our Philadelphia, Pennsylvania area medical malpractice attorneys represent adults and children who have been injured in an auto accident or through the negligence of a medical provider. This means that when you hire a The Brod Law Firm medical malpractice attorney, they will have unquestioned loyalty to you and your case. We do not represent hospitals and doctors in negligence cases.

Can you represent me in any state?

The Brod Law Firm has settled cases throughout the United States without having to utilize local counsel. Some of the states include: New Jersey, Delaware, Maryland, Florida, Texas, South Carolina, North Carolina, Georgia, Ohio, Illinois, Louisiana, New Hampshire, Nevada, New York, Virginia, Arizona, California and Washington DC. In other states we have successfully partnered with local counsel to obtain settlements or jury verdicts.  If we cannot help you personally, we have a network of the most prominent  counsel throughout the United States known by Gary Brod through his over 30 years of only representing injured people who can recommended directly from our Pennsylvania offices. Gary Brod and The Brod Law Firm have formed strategic alliances with some of the best and most qualified experts and lawyers throughout the United States. These alliances bring to the table the latest and utmost  techniques in technology, resources, and legal acumen to successfully do battle with major corporate giants and level the playing field for his clients. The medical malpractice, auto accident, or personal injury attorneys we recommend will have at least 15 years of experience in your type of case and will be highly respected in his or her field. This service is provided to you at no cost.

Don't settle for less than you deserve. Insurance companies have trial lawyers. Shouldn't you have an experienced personal injury trial lawyer on your side? Obtain the benefits that a seasoned trial lawyer can provide you. Call Gary Brod anytime at 888-435-7946 (888-HELPWIN) or Contact us online  for a free no obligation consultation and explanation of your legal rights. There is never a charge for our legal advice.

Speak To An Experienced Personal Injury Lawyer Today

Trusted and respected for over 30 yrs we have been the law firm of choice for injured Pennsylvania accident victims and their families Whether you were injured in a car accident, slip and fall or have been the victim of medical malpractice we are here to help right now. Our clients are our best spokespersons.

Choose Wisely

We know this is your one case and no stone is left unturned regardless of the severity of your injury or if it concerns the death of a loved one. We know how the insurance companies operate inside and out. We have the skills and experience to effectively communicate the magnitude of your pain and suffering in a manner that will generate the maximum recovery for you. Speak to attorney Gary Brod today for no charge.